A commentary on insurance coverage issues in Hawaii and beyond
The insurers' motion to dismiss a COVID-19 claim was denied based upon an endorsement for business interruption claims. Mandarin Oriental, Inc. v. HDI Global Ins. Co., 2024 U.S. Dist. LEXIS 169836 (S.D N.Y. Sept. 19, 2024).
Mandarin owned hotels in, among other cities, Miami, New York, Washington, D.C. and Boston.
The court approved the insurer's endorsement which stated the insured would not pay for undamaged property in order to match damaged property. Noonan v. Am. Family Mut. Ins. Co., 2019 U.S. App. LEXIS 15545 (May 24, 2019).
After hail and wind damaged part of the roof in the insureds' home…
Based upon the primary policy's exclusion, the following form excess policy had no duty to indemnify after the insured reached a settlement in the underlying case. Houston Cas. Co. v. Strata Corp., 2019 U.S. App. LEXIS 3936 (8th Cir. Feb. 6, 2019).
An employee of Strata fell to his death…
The Texas Supreme Court found that Lloyd's endorsement imposing a cap on liability for a joint venture did not exclude coverage for defense costs. Anadarko Petroleum Corp. v. Houston Cas. Co. et al., 2019 Texas LEXIS 53 (Texas Jan. 25 2019j.
Pursuant to a joint venture agreement, Anadarko held a…
The insured's failure to verify that subcontractors had CGL policies and to provide a contract stating that the subcontractors would indemnify the insured as required by the policy's endorsement meant there was no coverage for the insured. Cincinnati Spec. Underwriters Ins. Co. v. Milionis Constr., Inc., 2018 U.S. Dist. LEXIS 199658 (E.D.
